Audiodesksysteme Gläss GmbH

I Applicability
The following terms will apply to all legal transactions undertaken with us, unless expressly otherwise agreed in writing.

By accepting the first delivery, the buyer acknowledges the exclusive application of our terms and conditions. This shall also apply in the event of conflicting wording of its terms and conditions unless otherwise agreed in writing.  Verbal agreements shall only be valid if confirmed by us in writing.

II Contract terms
1. Offers
Our offers as well as the technical data, illustrations, drawings, descriptions and prices contained in our printed material and other documents available to the general public are non-binding.
We reserve rights and copyright to cost estimates, illustrations, drawings and other documents. They may not be reproduced, made available to third parties or used for other purposes without our prior consent.
We do not guarantee accuracy, completeness and topicality of the information provided. Liability claims against us, which refer to damages of material or immaterial nature caused by use or disuse of the information or the use of incorrect or incomplete information are excluded, provided that on our side there is no intentional or grossly negligent fault.

2. Acceptance
No written order confirmation is required, this is tacit.

3. Individual agreements
Individual contractual agreements, in particular property warranties, repair duration and repair periods require our expressly written confirmation to become effective.

4. Non-transferability
A transfer of contractual rights and obligations by the buyer to third parties is possible with our prior written consent only.

III Prices
Our prices are indicated in EURO and are calculated according to expenses. Deviations from our non-binding price lists may occur.
Prices apply ex-works, in Germany plus the statutory value added tax and do not include commissioning and other costs such as, in particular, packaging, freight, shipping and insurance costs.

IV Payments
Our invoices are payable within 14 days after receipt of the invoice without deduction, unless otherwise agreed with us in writing. We reserve the right to deviating terms of payment such as advance payment, letter of credit, etc. in particular cases.
The retention of payments and the set-off with any counterclaims by the buyer disputed by us are not permitted.

V Delivery
The delivery time is subject to change.
The choice of transport route and means of transport as well as the packaging of the goods is made by us to the best of our judgement, but without guarantee.
Shipment is at the expense and risk of the buyer.
Receipt of the goods is to be ensured by the buyer. If a package arrives visibly damaged to the the buyer, it must be opened immediately and in the presence of the carrier and a confirmation of damage must be issued by the carrier. Transport damages are to be reported to us within one day of the occurrence of the damage.

VI Retention of rights
All goods delivered by us shall remain our property until full payment of the purchase price including all ancillary costs is carried out. During the period of retention of rights, the buyer shall not be entitled to pledge the goods or to assign them to third parties as security.
The buyer shall be entitled to resell the goods or the item manufactured therefrom in the ordinary course of business. Claims against third parties arising from the resale shall be assigned to us by way of security in the amount of our original invoice amount, without any special agreement being required in individual cases.
As soon as the buyer's payment obligations to us are settled, the buyer is authorized to collect these claims for our account. However, we shall be entitled to notify the third parties to be named by the buyer upon request of the assignment of claims and to issue instructions to them. In the event of default in payment, we shall be entitled to demand the return of the goods delivered on the basis of the reservation of title and to dispose of them otherwise.
In case of doubt, the exercise of this right shall not be deemed a withdrawal from the contract.
The buyer is obliged to store the goods belonging to us properly and separately, as well as to insure them.
If the goods are combined by the buyer with other items not belonging to us to form a new item in such a way that the buyer acquires sole ownership thereof, the buyer shall transfer to us co-ownership of the new item in proportion to the value of the combined items at the time of their combination.The conclusion of the contract between us and the buyer shall be deemed to be an agreement on the transfer of ownership. The granting of co-ownership by us to the buyer shall be replaced by the buyer taking the new item into custody for us.

VII Notification of defects
Notifications of defects must be received by us together with the original packaging within one week of receipt of the goods by the buyer. We shall only be liable for defects arising within our premises. Further claims for compensation are excluded.

VIII Internetgeschäfte
1. Content of the website
All offers are subject to change and are non-binding. We expressly reserve the right to replace, supplement or delete parts of the Internet pages or the entire offer without prior notice or to discontinue publication temporarily or permanently.

2. References and links
In the case of direct or indirect references to external Internet pages (links) that lie outside our area of responsibility, we shall only be liable if we have positive knowledge of the link content and it is technically possible and reasonable for us to prevent or prohibit the use of illegal content.
We therefore declare that at the time of linking, the linked pages were free of illegal content. We have no influence on the current or future design and content of the linked pages. Therefore, we dissociate ourselves from all contents of all linked pages that were changed after the link was set.
This statement applies to all links and references set within our internet offers as well as to external entries in guest books, discussion forums and mailing lists set up by us. For illegal, incorrect or incomplete content and in particular for any damages arising from the use of such information, the provider of the site to which reference was made shall be solely liable.

IX Copyright
Copyright for objects created and published by us, such as graphics, video sequences, sound documents and texts, remains with us. Any copy or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without our prior agreement.
We expressly reserve copyright for the designation AUDIODESKSYSTEME-GLÄSS.

X Data protection
We expressly point out that the data required for order processing, such as addresses, academic titles, birth dates, etc., are recorded and processed by EDP when correspondence begins or an order is placed.
If the opportunity for input of personal or business data (email addresses, name, postal addresses) is given, such disclosure of data is voluntary.

XI Applicable law and place of jurisdiction
German law shall apply to all legal transactions conducted between us and our customers.
The sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship, including actions on checks and bills of exchange, shall be Heidenheim an der Brenz (Germany).

XII Final clause
If parts or individual formulations of these terms should be deemed invalid, the validity of the remaining parts shall remain unaffected.

Status: 23.05.2022